Dentists sue over NY crane collapse during storm Sandy

Reuters

By Basil Katz

NEW YORK, Nov 9 (Reuters) - Two New York City dentists havefiled a $5 million lawsuit against the contractor at a nearlycompleted 90-story luxury apartment building, blaming it for thecollapse of the top of a construction crane during superstormSandy.

The lawsuit, filed in U.S. District Court in Manhattan onFriday, said the contractor, Australia's Lend Lease Construction, was negligent because it failed to make sure the cranewas properly secured before the massive storm.

"The crane collapse and the ensuing week-long evacuation wasa direct result of defendants' failure to prepare, maintain,operate, and secure the crane to withstand the winds of thewidely anticipated Hurricane Sandy," the lawsuit said.

As a result of the Oct. 29 collapse, residents andbusinesses in the surrounding area were evacuated until Nov. 4.

The building, known as One57 and designed by Christian dePortzamparc, features $90 million apartments. It has beenclimbing higher and, at 1,004 feet (300 metres), will tower overother buildings near Columbus Circle at the southwest corner ofCentral Park in Manhattan.

Both dental practices, Musikant Deutsch and Caroline Stern,located within one block of the apartment tower, were forced toevacuate their offices when the crane collapsed, the lawsuitsaid.

As a result of the evacuation, Musikant Deutsch, which isnormally open and staffed around the clock seven days a week,h a d been forced to close for the first time in over 30 years,the lawsuit said.

The closure "has significantly decreased the value of thecompany," it said. "Musikant Deutsch lost substantial amount ofincome from not being able to treat patients."

Individual plaintiff Barry Musikant, who lived near hisoffice, was also forced to evacuate, the lawsuit said, and hadbeen forced to spend $3,400 for lodging at a nearby club.

The plaintiffs said they were suing on behalf of a largerclass of residents and businesses affected because of theevacuation.

Also named as defendants in the lawsuit were Canada'sPinnacle Industries, which owns the crane, the crane's operatorand the building developer.

The case is Musikant Deutsch et al v. Lend Lease Corporationet al, U.S. District Court for the Southern District of NewYork, No. 12-cv-8207.